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Cato Podcast

Supreme Court Again Kicks the Can of Qualified Immunity

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 2 June 2020

⏱️ 11 minutes

🧾️ Download transcript

Summary

The Supreme Court has again delayed the possibility of accepting a case challenging qualified immunity, a doctrine invented by the High Court that practically protects cops from the consequences of abuse. Clark Neily and Jay Schweikert comment.

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Transcript

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0:00.0

This is the Kadri Daily Podcast for Tuesday, June 2, 2020. I'm

0:06.8

Keila Brown. The Supreme Court this week again did not announce that they'll be

0:11.2

taking cases involving qualified immunity, the doctrine

0:14.4

invented by the court that regularly protects police from the legal consequences of violating

0:19.7

Americans' rights.

0:21.1

Cato's J. Schweikert and Clark Neely detail what comes next?

0:24.8

The Supreme Court has for months now kicked the can down the road, as you put it, Jay, and you feel like

0:32.4

you're in sort of a Groundhog Day situation

0:36.0

where the Supreme Court pledges to look at qualified immunity cases and make a decision about whether or not they're going to take

0:45.8

one. Let's bring everybody up to speed about the cases that they did examine and decided not to hear.

0:57.0

Sure.

0:57.4

Well, there were eight qualified immunity cases

1:00.4

that were considered at the conference on Thursday, May 28th.

1:05.0

And this includes what, or in my view, the three most significant cases,

1:09.0

which are the ones that are explicitly asking the court to reconsider qualified immunity entirely.

1:15.4

And as far as we know, those cases did go to conference.

1:18.4

The court did discuss them there.

1:20.6

But when the orders from that conference came out on Monday, June 1st, there were no decisions in any of those cases either way.

1:30.0

And then later in that day, we saw that all of those qualified immunity cases got rescheduled for consideration at the conference on Thursday, June 4th.

1:40.0

So once again, we are seeing a continued delay and kicking the can down the road on these

1:46.1

major qualified immunity cases that are raising this fundamental question of whether the

1:50.2

doctrine itself needs to be reconsidered.

...

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